Terms and Conditions

GENERAL & ADDITIONAL TERMS & CONDITIONS OF SALE

Any statutory consumer rights enjoyed by you are not affected in any way by these terms and conditions of sale.

INTRODUCTION

a. These terms & conditions will apply when you place your order with us. By placing an order through our website, you confirm that you have read, understood and agree to these terms & conditions. If you do not agree to these terms & conditions in their entirety, you must not order any product or service through the website.

b. In these terms & conditions:

‘we’, ‘us’ or ‘our’ means Cornflowersgiftshop.co.uk

‘goods’ or ‘products’ means the goods confirmed in our email confirming the shipping of your order

‘order’ means your order made by you, using this website, to purchase goods from us

‘you’ or ‘your’ means you, the user of this website and/or the purchaser of the goods

c. Before you place your order, we reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website and it is your responsibility to read these terms and conditions on each occasion you use this website.

d. Please print these terms and conditions and any email we send you for future reference.

GENERAL TERMS & CONDITIONS OF SALE

1. SPECIFICATION OF GOODS

1.1 All sizes and measurements stated by us in relation to the goods are approximate only. 1.2 We are unable to guarantee that the materials in the goods delivered to you: a) accurately reflect the colours displayed on this website, due to variations in light and colour between different computer monitors; b) will be the same from one item to another in the case of matching sets, due to slight variations in dye lots.

2 PRICE AND PAYMENT

2.1 The price you pay is the price displayed on this website at the time we receive your order. Any price displayed on this website shall be subject to change at any time.

2.2 All prices are shown in UK £s sterling and include value added tax (where applicable) at the applicable current rate.

2.3 Whilst we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.

2.4 Title to any goods shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.

3 ORDER PROCESS AND CONTRACT FORMATION

3.1 The steps required to create a contract of sale between you and us are as follows:

On this website, you will be guided through the process of placing your order by a series of simple instructions. You will place your order by pressing the order confirmation buttons during the checkout process.

3.2 Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.

3.3 If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.

3.4 All products that you order through the Website will remain the property of Cornflowers Gift Shop until we have received payment in full from you for those products.

3.5 All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

3.6 If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.

4 DELIVERY

4.1 Delivery of goods can only be made to mainland English, Welsh and Scottish addresses. 4.2 We can also deliver to Northern Ireland, the Channel Islands, Isle of Man, Scottish Isles, as well as to all International addresses. For the avoidance of doubt, delivery to these locations shall always be made as under the Non-Standard delivery service.

4.3 All goods shipped by courier must be signed for by an adult aged 18 years or over on delivery.

4.4 Delivery charges and estimated timescales are detailed in this website and when you place your order. We make every effort to deliver your order within the estimated timescales communicated to you.

4.5 Risk of loss and damage to your order passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.

4.6 Deliveries to addresses outside the UK: Cornflowers products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.

4.7 Further delivery information is supplied on the ‘Delivery’ page on the website.

5 SUBSTITUTE GOODS

5.1 We will never supply you with substitute goods, unless agreed with you in advance.

6 CANCELLATION RIGHTS AND RETURNS

6.1 Any changes you make to your order (cancellations, amendments and returns), must be notified to us in writing (letter or email).

6.2 If you are contracting with us as a consumer online or by phone, in accordance with the Distant Selling Regulations you have the right to cancel your contract at any time up to 7 working days after the day on which you receive the goods you ordered. Your cancellation must be sent to us in writing (including email).

6.3 If you have paid a Standard delivery charge this will also be refunded, but if you are only returning part of the order, then we are not obliged to repay any of the delivery charge.

6.4 Where the goods are delivered as part of a Non-Standard delivery service, you acknowledge and agree that you have asked us to perform this service before the expiry of the statutory 7 day cooling off period. As such, in the event you subsequently cancel your order, pursuant to Regulation 13(1)(a) of the Consumer Protection (Distance Selling) Regulations 2000, you shall have no right to obtain a refund of the price paid for the Non-Standard delivery service.

6.5 You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging. Products should be returned to: Cornflowers, 17 College Street, Winchester, Hampshire, SO23 9LX.

6.6 Goods should be returned within 7 working days of receipt. If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection.

6.7 Goods are returned at your own expense.

6.8 If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

6.10 In the case of damaged or incorrectly supplied goods, please note that we must be informed within seven working days of receiving them. Returns shipping charges are not refunded without prior written consent (including email) from us.

6.5 Within 30 days of your cancellation of your order, we shall provide you with a refund of the price paid for the goods, less any price paid by you in regard of a Non-Standard delivery service, see article 6.4.

6.11 Any refunds given by us will be made to the debit/credit card account provided when you placed your order, and will be subject to our right to withhold amounts for products which are damaged on return or for which we have had to arrange collection, as outlined above.

6.12 Returned goods that have not been cancelled in writing to us (article 6.1) may not be refunded.

6.13 This is not intended to be a full statement of your rights under the Distance Selling Regulations. Full details of these rights are available from your Local Authority’s Trading Standards Office.

7 GENERAL

7.1 These terms & conditions supersede any other terms & conditions previously published by us and any other representations or statements made by us to you, whether oral or otherwise.

7.2 You may not assign or sub-contract any of your rights or obligations under these terms & conditions to any third party unless we agree in writing.

7.3 We may assign, transfer or sub-contract any of our rights or obligations under these terms & conditions to any third party at our discretion.

7.4 No relaxation or delay by us in exercising any right or remedy under these terms & conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

7.5 If any of these terms & conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms & conditions shall remain in full force and effect.

7.6 Only you and we shall be entitled to enforce these terms & conditions. No third party shall be entitled to enforce any of these terms & conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

7.7 Any contract between you and us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.

8 EXCLUSIONS OF LIABILITY

8.1 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these website terms or you use of the website.

8.2 Except to the extent required by applicable law, Cornflowers shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed on this website.

8.3 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Cornflowers shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

8.4 These exclusions shall be governed by and construed with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

9 LIABILITY

9.1 You have certain rights as a consumer, including legal rights relating to faulty or mis-described goods. For further information about your legal rights in the UK, contact your local authority Trading Standards department. Nothing in these terms & conditions will affect these legal rights and, in particular, we will perform our obligations under these terms & conditions with reasonable care and skill.

9.2 Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

9.3 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms & conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these terms & conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

9.4 You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

9.5 Our maximum liability to business users arising out of or in connection with the goods shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

10. AGE RESTRICTION ON PURCHASE

10.1 The purchase of certain products made available on the website are subject to age requirements specified by law. We are not permitted by law to supply these products to individuals who do not satisfy these requirements and, if you are underage, you must not attempt to order these products through the website.

In particular, please note that age restrictions apply in the UK to the purchase of the products listed below. By placing an order for these products you confirm that you (and, if different, the recipient of the product) satisfy the age requirements necessary to buy that product.

- Knives (including kitchen and cutlery knives) or bladed articles. Knives and bladed items can only be purchased by, and for, individuals aged 18 and over.

11 LINKS TO OTHER WEBSITES

11.1 We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Cornflowers cannot accept any liability in respect of the use of these websites.

12 DATA PROTECTION

12.1 Your privacy is very important to us. Please review our Privacy Policy which explains how we will use your personal information that you disclose to us when placing the order.

13 ABOUT US

13.1 ‘cornflowersgiftshop.co.uk’ is a trading name of Cornflowers.

13.2 This website is operated by Cornflowers.

ADDITIONAL TERMS & CONDITIONS OF SALE

DELIVERY INFORMATION

Providing all items in your order are in stock, we aim to ship as quickly as possible (usually within 3 working days of receipt of your order), but to be on the safe side please allow 14 days for delivery. Delivery of out-of-stock items may take up to 6 weeks.

When you have placed your order on the website, you will be sent an email with your order details. If you do not receive this email, please let us know on cornflowersgiftshop@gmail.com. The day your order is shipped, you will be sent a shipping email with the details of items shipped, and a tracking info email with the details pertaining to the shipping method of your order. If your order was shipped by courier, the email will contain the tracking label number of your parcel and their telephone number, so that you may get in touch with them to check the delivery status of your shipment.

If you have any queries, please don't hesitate to phone us on 01962 621234.